[Adopted as Ch. 23 of the 1996 By-laws; amended 11-18-2013 STM by Art. 16]
A.
It shall be the duty of the Animal Control Officer to apprehend any
dog found running at large in any street or public place, including
parks, playgrounds and cemeteries within the Town of Dedham in violation
of any of the provisions of this chapter and/or the Massachusetts
General Laws relating to the keeping and licensing of animals, and
to impound such dog.
B.
The Animal Control Officer, upon receiving any such dog, shall make
a complete registry, including: (1) the date and location of apprehension;
(2) a description of the animal (including breed, color and sex);
(3) place of detainment; (4) if tagged, the name and address of the
owner; (5) the name and address of a new owner, if any, including
the date of sale or transfer of the animal; (6) if the animal is euthanized,
the method and date of such euthanization and the name of the person
who euthanized the animal; and (7) the date, location and description
of an animal euthanized by gunshot in case of emergency, the disposition
of the animal remains and a description of the situation requiring
gunshot.
C.
The Animal Control Officer shall notify the owner, if known, as soon
as possible after the dog has been impounded. The owner of any dog
so impounded may reclaim such dog upon payment of the license fee,
if unpaid, and of all costs and charges incurred by the Town for impounding
and maintaining such dog as provided by law.
D.
If such dog is not reclaimed within seven days, the dog may be put
up for adoption or euthanized in accordance with G.L. c.140, § 151A.
E.
The Animal Control Officer, and/or designee, shall attend to all
verbal and written complaints or other matters pertaining to animals
as prescribed in the by-laws of the Town of Dedham and/or the Massachusetts
General Laws.
A.
Any person
may file a complaint in writing that a dog owned or kept in the Town
is a nuisance or dangerous dog as those terms are defined in G.L.
c.140, § 136A.
B.
Such complaints
shall be handled in accordance with G.L. c.140, § 157; provided
that the complaint shall be initially investigated by the Animal Control
Officer who shall report the findings to the Town Manager who shall
be the Hearing Authority for purposes of investigating and disposing
of such complaints.
[Amended 11-17-2014 ATM
by Art. 18]
A.
No person shall own or keep a dog in the Town of Dedham, which is
not duly licensed as required by G.L. c.140.
B.
The License Period shall run from May 1 through April 30 of each
calendar year. All dogs six months of age or older must be licensed
during the month of April for the following License Period. Any applicable
license fee shall be paid in full prior to issuance of the license.
C.
Any dog which attains the age of six months during the License Period
or which is brought into the Town from another state or country during
the License Period must be licensed for the remainder of the License
Period within 30 days thereof.
D.
Anyone
who owned a dog, but does not now, shall notify the Town Clerk immediately.
When license fees for dogs are due in April of each year and the dog
is a spayed female or neutered male, the spaying or neutering certificate
must be presented at the time of license application. All rabies shot
papers must be shown before a new license can be issued.
A.
No person owning or keeping a dog shall suffer or allow it to run
at large in any street or public place in the Town of Dedham or allow
it upon the premises of anyone other than the owner or keeper of such
dog without the permission of the owner or occupant of such premises.
B.
No person shall allow a dog owned or kept by him to be in or upon
any street or public place within the Town of Dedham unless effectively
restrained by a chain or leash, not exceeding 10 feet in length, which
is under the control of a person suitable to properly control its
actions.
C.
Any person who owns or keeps a dog within the Town, shall except as provided in Subsection B above, keep said dog confined to the premises of its owner or keeper by means of a chain, leash, fence or similar restraint.
D.
No person who owns or keeps a dog within the Town of Dedham shall
allow or permit said dog to defecate (1) on private property other
than that of its owner; (2) on a public sidewalk; or, (3) on other
public places.
E.
If said dog defecates on property as prohibited by the provisions
of § 117-6(D), the owner or keeper shall be responsible
for immediate removal.
F.
No person owning or in control of a dog shall permit the dog to enter
any Town park or playground, except service dogs performing a function
in accordance with G.L. c.272, § 98A.
G.
Exceptions. Only by the request of the Town Manager from the School
Department and/or the Parks and Recreation Department, the Health
Department, the Endicott Commission, the Board of Health, the Police
Department and the Fire Department, dogs with handlers under the guidance
of the Dedham Dog Officer will be called in and allowed on public
lands, park land, school land, Endicott Estate land and any and all
public property as deemed necessary by either the Police, Fire and
Board of Health to chase off the flocks of geese and ducks that are
roaming over Public Land causing a health menace. These dogs shall
be monitored by their handlers so that the geese and ducks will not
be harmed but made to find a new home away from Dedham thus eliminating
the health hazards.
[Amended 11-17-2014 ATM
by Art. 18]
[Added 11-15-2021 ATM by Art. 17[1]]
A.
Personal Kennel License.
(1)
No person shall keep more than four dogs, three months (12 weeks)
or older, for private personal use on a single premises without first
obtaining a Personal Kennel License.
(2)
The maximum number of dogs allowed to be kept under a Personal Kennel
License is six.
(3)
Any application for a Personal Kennel License shall be submitted
to the Town Clerk's office on a form provided by the Town Clerk.
(4)
In addition to meeting all of the requirements of MGL c. 140, §§ 137A
to 137C, any person who applies for a kennel license shall:
(a)
Demonstrate that the use of the subject property as a kennel
is permitted under the Town's Zoning Bylaws;
(b)
Demonstrate that the premises will be maintained:
[1]
A minimum of 10 feet from the kennel to an adjacent property
line;
[2]
A minimum of 20 feet from the kennel to abutting habitable structure;
[3]
No less than 100 feet from a wetland;
[4]
No less than 200 feet from a high water mark of a source of
drinking water or tributary thereof; and
[5]
No less than 10 feet from an occupied dwelling on the same property
where the kennel is kept.
(5)
New applicants requesting a license must notify direct abutters by
certified mail or constable. Proof of notification must be submitted
with the application.
(6)
The Animal Control Officer shall inspect the facility before the
Personal Kennel License shall be issued or renewed.
(7)
Each Personal Kennel License may be issued by the Town Clerk from
January 1 until December 31 of the calendar year, and the annual fee
for such shall be charged in accordance with the Town fee schedule.
(8)
The personal kennel shall be maintained in sanitary condition.
(9)
The personal kennel shall not cause a nuisance to others, as such
term is defined in MGL c. 140, § 136A.
(10)
The animals within the kennel shall not be found at large or
not under the control of the owner.
(11)
The kennel shall not cause a health or safety hazard to the
animals within the kennel or to the general public, or owner/operator
of the kennel.
(12)
All dogs within a personal kennel shall be vaccinated for rabies
and certificates must be produced for inspection when requested.
B.
Commercial Kennel Licenses.
(1)
No person shall operate a Commercial Boarding or Training Kennel,
or Commercial Breeder Kennel, as defined in MGL c. 140, § 136A,
without first obtaining a Commercial Kennel License.
(2)
In addition to meeting all of the requirements of MGL c. 140, §§ 137A
to 137C, applications for a new Commercial Kennel License shall be
submitted to the Town Clerk's office, on a form provided by the
Town Clerk, along with two copies of interior and exterior plans of
the kennel, as well as a plot plan.
(3)
No new Commercial Kennel License will be issued until proof is submitted
by the applicant that the location and operation of the kennel are
in compliance with the Dedham Zoning By-laws.
(4)
No new Commercial Kennel License will be issued unless the Dedham
Animal Control Officer, Dedham Health Department, Dedham Building
Department, and Town Clerk review and approve the application. All
commercial kennel facilities shall be inspected by the Dedham Animal
Control Officer before a license can be issued or renewed.
(5)
Each kennel license may be issued by the Town Clerk from January
1 until December 31 of the calendar year.
(6)
First time applicants shall notify all direct property abutters in
writing, by certified mail or constable, of the applicant's intent
to operate a commercial kennel, and evidence of notification shall
be submitted with the application.
(7)
The annual fee for a Commercial Kennel License will be set in accordance
with the Dedham Code after review.
(8)
Commercial kennel licensees shall be issued a maximum of 35 dog tags,
and any dog on the property other than the 35 covered under the kennel
license shall wear a Town dog license tag from the town where the
dog is licensed and shall be available for inspection upon request.
(9)
All commercial kennels shall be maintained in good repair and in
a sanitary condition in such as manner as to protect the dogs from
injury or disease, to contain the dogs, and to restrict the entrance
of other animals; and location, construction, arrangement and operation
of commercial kennels shall not constitute a nuisance.
[Added 11-15-2021 ATM
by Art. 17]
The Animal Control Officer, following consultation with the
Police Chief and Health Director, may adopt and, from time to time,
revise regulations setting forth minimum standards for maintenance
and operation of commercial kennel facilities so as to ensure the
health, safety and welfare of the animals kept therein and to prevent
said facilities from constituting a public nuisance. Said regulations
may be adopted after a public hearing, notice of which shall be posted
on the municipal website at least 10 days prior to the hearing, and
which shall be made available to the public in any other manner that
the Animal Control Officer or Town Manager deems appropriate.
[Added 11-15-2021 ATM
by Art. 17]
A.
The Animal Control Officer, Board of Health, Police Chief, or their designees, may enforce the provisions of this by-law and any regulations promulgated hereunder by any means available in law or in equity, consistent with § 1-6 of these By-laws; and shall recommend to the Town Manager such further action as may be appropriate.
B.
For such purposes, any of the enforcing authorities listed herein
may, at any time, and in a manner consistent with law, inspect a kennel
or cause the inspection of a kennel. Said inspection may include examination
of any pertinent records pertaining to this by-law or regulations
promulgated hereunder. Refusal to comply with an inspection may be
grounds for an emergency suspension or revocation. At the time of
the inspection, or promptly thereafter, the inspecting authority shall
document any violations found.
C.
If a violation is documented, such fact shall constitute cause for
suspension, rescission or revocation of the license.
